BRINDABAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted for commission of offence under Section 376 of the Indian Penal Code and directed to suffer rigorous imprisonment of 8 years and to pay fine of Rs.5,000/- in default to suffer simple imprisonment for six months more. Prosecution case against the appellant is to the effect that he was a neighbour of the victim and used to visit her house. On the false promise of marriage he cohabited with the victim and as a result the victim became pregnant. Initially she did not disclose the incident to any one due to shame but subsequently she told her mother about the said incident and thereafter they went to the parents of the appellant and insisted that he married her. The appellant declined to marry. Village salish was held but to avail. Hence, First Information Report was lodged at the time when the victim was eight months' pregnant.

(2.) In course of trial, prosecution examined 13 witnesses.

(3.) Pw-3 is the victim. She deposed that she was aged below 16 years and was studying in class-VI. In the month of Jaistha mother of the appellant had gone to her parent's house. The appellant used to visit their house. As his mother was absent, the appellant requested her to do domestic work in his house. She had sexual intercourse with the appellant 5/6 times. He promised to marry her but subsequently did not marry her. When she told him that she had became pregnant, he provided her medicine for abortion. The appellant told her not to inform her parents. When she was two months' pregnant she narrated the incident to her mother. Her mother told her father about the incident and there was a meeting in the village over the incident. The appellant refused to marry her. Her father lodged complaint and she was interrogated by Police. She further stated that son is 11 years at the time of deposition. She made a statement before the Magistrate.